The top US court declined to review a December 2011 appeals court decision that rejected a lawsuit against AT&T for helping the NSA monitor its customers' phone calls and Internet traffic. Plaintiffs argue that the law allows the executive branch to conduct "warrantless and suspicionless domestic surveillance" without fear of review by the courts and at the sole discretion of the attorney general. The Obama administration has argued to keep the immunity law in place, saying it would imperil national security to end such cooperation between the intelligence agencies and telecom companies.

The Supreme Court is set to hear a separate case later this month in which civil liberties' group are suing NSA officials for authorizing unconstitutional wiretapping.